March 3, 1999
Volume 5 -- Number 029

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

	
RONALD C. TILLMAN
VS.
MADISON COUNTY SHERIFF'S DEPARTMENT

Court:TSC - Workers Comp Panel

Attorneys: 


For the Appellant:                      For the Appellee:

Russell E. Reviere                      George L. Morrison, III
Rainey, Kizer, Butler, Reviere & Bell   P.O. Box 182
105 South Highland Avenue               Jackson, TN  38302
P.O. Box 1147
Jackson, TN  38302-1147                         

Judge:BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. Review of
the findings of fact made by the trial court is de novo upon the
record of the trial court, accompanied by a presumption of the
correctness of the findings, unless the preponderance of the evidence
is otherwise.  Tenn. Code Ann.  S 50-6-225(e)(2).  Stone v. City of
McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case.  See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456
(Tenn. 1988).

http://www.tba.org/tba_files/TSC_WCP/tillmanr_opn.WP6



RALPH WARREN VS. TML INSURANCE POOL Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: John D. Burleson Ricky L. Boren Jeffery G. Foster Hill Boren P.C. Rainey, Kizer, Butler, 1269 North Highland Avenue Reviere & Bell, PLC P. O. Box 3539 105 South Highland Avenue Jackson, TN 38303-3539 P. O. Box 1147 Jackson, TN 38302-1147 Judge:TATUM First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In his complaint, the plaintiff charges that his "hypertension and heart problems" were caused or aggravated by stress of working as a law enforcement officer. After finding that "the record does not reveal any single triggering incident that would necessarily bring this case within the purview of S 7-51-201 of the Tennessee Code Annotated," the trial court found "[t]here is, however, a series of events, any one of which standing alone would have sufficed." The defendant stipulated that plaintiff suffered permanent and total disability to the body as a whole and the court entered judgment in favor of the plaintiff accordingly. On this appeal, the defendant, Tennessee Municipal League, presents issue attacking the trial court's finding that plaintiff's hypertension and heart disease were causally related to his employment as a police officer. http://www.tba.org/tba_files/TSC_WCP/warrenr_opn.WP6
SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/statelst_301.WP6
STATE OF TENNESSEE VS. MELONY BRANDON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY D. SMITH JOHN KNOX WALKUP One Public Square, Suite 321 Attorney General & Reporter Clarksville, TN 37040 (On Appeal) DARYL J. BRAND Asst. Attorney General CLAUDIA JACK Cordell Hull Bldg., 2nd Fl. District Public Defender 425 Fifth Ave., North Nashville, TN 37243-0493 BEVERLY J. WHITE Asst. Public Defender MIKE BOTTOMS 809 South Main St., Suite 200 District Attorney General Columbia, TN 38401 (At Trial & On Appeal) STELLA HARGROVE Asst. District Attorney General P.O. Box 1619 Columbia, TN 38401-1619 Judge:PEAY First Paragraph: On March 7, 1997, the defendant pled guilty to forgery, vandalism, and theft. The trial court sentenced the defendant to a total of eight years in the Tennessee Department of Correction. The sentence was immediately suspended and the defendant was placed on supervised probation. On January 12, 1998, the defendant's probation officer filed a petition to revoke her probation. After a probation revocation hearing, the trial court revoked the defendant's probation. The defendant now appeals. After a review of the record and applicable law, we find no merit to the defendant's contentions and thus affirm the judgment of the court below. http://www.tba.org/tba_files/TCCA/Brandonm_opn.WP6
STATE OF TENNESSEE VS. WILLIE ANDREW COLE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIE ANDREW COLE JOHN KNOX WALKUP R.M.S.I. Unit 6-B Attorney General & Reporter 7475 Cockrill Bend Ind. Rd. Nashville, TN 37209-1010 ELIZABETH B. MARNEY Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 Judge:PEAY First Paragraph: The petitioner filed several petitions in Davidson County for expunction of public records. Each petition addressed a separate charge for which the petitioner was acquitted, for which no true bill was returned, or that was dismissed prior to trial. By order dated November 18, 1997, the trial court denied each of the petitioner's petitions, stating, "After diligent search the Clerk of the Criminal Court is unable to locate any charges which can be identified as the warrants set out in the petitions. The [case] numbers set out in the petitions are alien to any system used by that office." The petitioner now appeals to this Court. http://www.tba.org/tba_files/TCCA/Colewa_opn.WP6
STATE OF TENNESSEE VS. TRACY HAMILTON Court:TCCA Attorneys: For the Appellant: For the Appellee: Randy Chaffin John Knox Walkup 100 S. Jefferson Ave. Attorney General of Tennessee P.O. Box 529 and Cookeville, TN 38503-0529 Daryl J. Brand (AT TRIAL & ON APPEAL) Assistant Attorney General of Tennessee 425 Fifth Avenue North Craig P. Fickling Nashville, TN 37243-0493 9 S. Jefferson, Suite 101 Cookeville, TN 38501 William Edward Gibson (ON APPEAL) District Attorney General and Lillie Ann Sells Assistant District Attorney General 145 S. Jefferson Ave. Cookeville, TN 38501-3424 Judge:TIPTON First Paragraph: The defendant, Tracy Hamilton, appeals as of right following her conviction by a jury in the Putnam County Criminal Court of theft of property valued under five hundred dollars, a Class A misdemeanor. She was sentenced to eleven months and twenty-nine days with forty-five days to be served in the county jail and the remainder to be served on probation. She was fined one thousand dollars. The defendant contends that the evidence is insufficient to support her conviction and that the trial court erred in sentencing. We affirm the judgment of conviction. http://www.tba.org/tba_files/TCCA/Hamiltot_opn.WP6
STATE OF TENNESSEE VS. BUFORD "DOCK" JESTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JERRY C. COLLEY JOHN KNOX WALKUP P.O. Box 1476 Attorney General and Reporter Columbia, TN 38402-1476 CLINTON J. MORGAN PAUL B. PLANT Assistant Attorney General P.O. Box 399 425 Fifth Avenue North Lawrenceburg, TN 38464-0399 Nashville, TN 37243-0493 DON SCHWENDIMANN District Attorney Pro Tem P.O. Box 366 Hohenwald, TN 38462 Judge:WELLES First Paragraph: A jury found the Defendant guilty of aggravated burglary and rape. He was sentenced to concurrent terms of three years for the burglary and ten years for the rape. In this appeal, the Defendant argues that the trial judge erred by sentencing him to ten years for the rape conviction. We modify the judgment and remand to the trial court for further proceedings. http://www.tba.org/tba_files/TCCA/Jesterbj_opn.WP6
STATE OF TENNESSEE VS. WILLIAM M. NEELY Court:TCCA Attorneys: For Appellant: For Appellee: Sam Wallace, Sr. John Knox Walkup 227 Second Avenue, North Attorney General & Reporter Second Floor Nashville, TN 37201 Timothy Behan Assistant Attorney General Criminal Justice Division 2d Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243-0493 George Bonds Assistant District Attorney General 222 Second Avenue, North Nashville, TN 37201 Judge:WADE First Paragraph: The defendant, William M. Neely, was convicted of DUI, fourth offense. The trial court imposed an eleven month, twenty-nine day sentence to be served at one hundred percent. He presents two general issues for our review: (I) whether the state proved his prior DUI convictions sufficiently to support the enhanced sentence; and (II) whether the trial court erred by failing to dismiss the charges on the grounds of unreasonable delay. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Neelywm_opn.WP6

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